logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Academy school wins substantial costs in TUPE dispute with teaching union

7 December 2011

Claremont High School Academy has been awarded a substantial costs order by an employment tribunal against The Association of Teachers and Lecturers (ATL).

The ATL issued proceedings against the Brent based school in July this year on the grounds that it had failed to inform and consult with staff in line with the Transfer of Undertakings (Protection of Employment) (TUPE) regulations as part of its conversion to an academy in April this year. The school vehemently disputed the claims.

However in September the ATL withdrew its claim days before the hearing, leaving the school to face a legal bill of thousands of pounds. The school applied to Watford Employment Tribunal for a full costs order.

In approving the costs order this week the employment judge criticised the union for acting unreasonably in first pursuing the claim and secondly in failing to withdraw it as soon as they had received the schools response.

Heather Bragg, employment lawyer at Browne Jacobson, who acted for Claremont High School, commented:

"We are delighted for our client who could have been facing a legal bill of thousands of pounds through no fault of its own.

"The schools management team and the governing body followed all the correct procedures throughout the entire academy conversion process.

"In our experience it is highly unusual for an employment tribunal to award a full costs order in such a case and in doing so reflects its concerns at the unions conduct and determination in pursuing its baseless claim."

Terry Molloy, Headteacher at Claremont High School Academy, added:

"We are delighted with the outcome of this employment tribunal decision as we believe that there was no case to answer. However, from the Schools perspective it is unfortunate that this case was brought allegedly on behalf of the very small number of ATL members as it did nothing but damage to the Schools relationship with its valued staff."

News

22 October 2021

Browne Jacobson education practice achieves six top tier positions in Legal 500 and Chambers rankings

Browne Jacobson’s education team has been confirmed as a national powerhouse after securing five Tier 1 rankings in the latest edition of Legal 500 for the very first time, and maintaining its Band 1 UK-wide ranking for Education (Institutions – Schools) in Chambers & Partners UK 2022.

Read more

19 October 2021

Browne Jacobson education head named National Leader of Governance by DfE

Browne Jacobson’s national Head of Education, Mark Blois, has recently been designated as a National Leader of Governance by the Department of Education (DfE).

Read more

Lakhbir Rakar

Lakhbir Rakar

PR Manager